National Green Tribunal
Environment Support Group (Trust ... vs Karnataka Road Development ... on 23 June, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.3:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Appeal No.08 of 2020(SZ)
(Through Video Conference)
IN THE MATTER OF:
Environment Support Group & anr . ...Appellant(s)
Vs
Karnataka Road Development Corporation Limited
Bangaluru & ors
....Respondent(s)
Date of hearing: 23.6.2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : M/s. A. Yogeshwaran
For Respondent(s): Sri. Yashodhar Hegde for R1
M/s. Me. Saraswathy for R4
Mr. Gokula Krishnan for R10
Mr. Gokula Krishnan represented Mr.
Devaraj Ashok for R6
ORDER
The above appeal has been filed against the Environmental Clearance granted in respect of the road project in favour of the first respondent.
2. As per earlier order dated 2-3-2020, this Tribunal had 1 restricted notice to respondents 1, 4 and 6 alone as necessary parties and dispensed with notice to others and condoned the delay in filing the appeal as per order in I.A.No.23 of 2019 and thereafter, the appeal was directed to be numbered and since the same counsel appearing for those respondents in the delay condonation application had proposed to appear in the appeal as well, the same has been accepted and service was declared to be completed and directed the parties to submit their response to the allegations made in the appeal memorandum and cooperate with the Tribunal to dispose of the appeal at the earliest point of time and posted the case to 11.5.2020. On 11.5.2020, the matter was adjourned to 15.5.2020 by notification. On 15.5.2020, it was again adjourned at the request of counsel for respondent and posted the case to today.
3. We have received a request for adjournment from counsel for first respondent by e-mail dated 17.6.2020 stating the difficulties that they are facing due to the pandemic situation prevailing in the State of Karnataka and wanted four weeks time for filing their response. We have also received a request for an adjournment from Mr. Darpan, Standing Counsel for State of Karnataka by their e-mail dated 22.6.2020.
4. When the matter came up for hearing today through Video Conference, Mr. S. Saravanan represented Mr. Yogeswaran, counsel for appellant, Mr. Yashodhar Hegde represented first respondent, Mrs. Me. 2 Saraswathi represented fourth respondent, Mr. S. Saravanan represented Mr. Gokul Krishnan who is appearing for tenth respondent, Mr. Darpan represented respondents 2, 3, 5, 7, 9 and 11 to 13 for whom notice had been dispensed with noting that they are not necessary parties to the proceedings and also undertakes that if any other counsel is appointed by respective departments as separate standing counsel, he will inform them to make their representation before this Tribunal on the next hearing date. Except fourth respondent, others have not filed any statement. Others want time to file their response.
5. Considering the pandemic situation prevailing in the State of Karnataka, we feel it appropriate to grant one more adjournment to the respondents to complete the pleadings and they are directed to hand over copy of the response to the counsel for appellants in advance and also they can share the response among each respondents as well so that they may be knowing about the allegations of each other and file rejoinder if any, before the next hearing date. Other respondents who have not filed their response are directed to file their response before this Tribunal within a period of four weeks and counsel for appellants is directed to file his rejoinder within two weeks thereafter and cooperate with the Tribunal for completion of pleadings and make the case ready for hearing. The parties are also at liberty to submit their written argument notes also before the next hearing date so that hearing 3 through Video Conference, if physical sitting is not possible, can be effectively conducted on points that have been raised in the appeal memorandum to save time.
Registry is directed to communicate this order to the official respondents whom this Tribunal has noted as necessary parties as per earlier order through e-mail along with copy of appeal memorandum. If there is any standing counsel appearing for them, they can make arrangement to instruct them to make representation before this Tribunal to protect their interest.
For completion of pleadings and hearing, post on 7.8.2020.
...................................J.M. (Justice K. Ramakrishnan) .............................E.M. (Shri. Saibal Dasgupta) Appeal No. 8/2020 23.6. 2020 kkr 4